Vol. 572 No. 5
42 Mr. Penrose asked the Minister for the Environment Heritage and Local Government the number of cases in which the European Commission has initiated legal action or announced that it intends to take legal action, arising from the failure by this country to implement EU directives for which his Department has responsibility; the steps he is taking to ensure that all of these directives are implemented in full; and if he will make a statement on the matter. [23605/03]
There are currently seven cases in respect of which the European Commission has initiated legal action, or announced that it intends to take legal action, in areas for which my Department has responsibility.
The first case concerns the Dangerous Substances Directive (1976/464/EEC). This directive has been substantially implemented by the Local Government (Water Pollution) Acts 1977 and 1990 and by related Acts and regulations, such as the Environmental Protection Agency Act 1992 and the Waste Management Act 1996.
Water quality standards for phosphorus were made in July 1998 and water quality standards for a range of other dangerous substances were made in January 2001. Monitoring by the EPA indicates that the main threat to water quality in Ireland is eutrophication due to excess inputs of phosphorus and, to a lesser extent, nitrates and that dangerous substances are generally not a problem in Irish waters. It is envisaged that the directive will be further implemented in the context of implementation of the Water Framework Directive (60/2000/EEC).
The second case concerns the Nitrates Directive (1991/676/EEC) and the designation of areas as vulnerable zones and development of action programmes to protect water quality in these areas. Regulations made in May 2003 identify the whole territory of Ireland as the area to which the action programme will be applied. The detailed provisions of the action programme and related research and monitoring programmes are being developed as a matter of urgency and will shortly be the subject of consultation with the main farming organisations and other stakeholders.
The third case relates to a number of waste issues, including progress in the licensing by the EPA of municipal waste landfills, and the regulatory control of waste activities by local authorities and the EPA. Ireland's defence, which has been submitted, is based in part on the fact that rel evant requirements of Council Directive 75/442/EEC have been fully transposed under the Waste Management Act 1996 and subordinate regulations, and that the process of licensing municipal landfills is virtually completed.
The fourth case concerns a Commission application to the European Court of Justice seeking the application of a daily fine in order to enforce a previous judgment of the court issued in September 1999 in relation to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, particularly in relation to peat extraction. Environmental impact assessment and planning regulations of December 2001 addressed the legal implications of the ECJ ruling. My Department announced proposals for the protection of over 100 raised bogs on 18 December 2002. The Commission has acknowledged that this was an important step towards making Ireland's new system of protection fully operational. Public consultation on the sites is now completed. The greater proportion of the sites, which were not appealed will be designated by way of statutory order in the near future and the remainder of sites under appeal will be designated when the appeals process is concluded. A defence is being prepared.
The fifth case refers to the Zoos Directive 1999/22/EC which concerns the keeping of wild animals in zoos. In this case, the European Communities (Licensing and Inspection of Zoos) Regulations 2003 – SI No. 440 of 2003, which were made on 19 September 2003, complete the transposition process.
The sixth case concerns Ireland's reporting requirements under Regulation (EC) No 2037/2000 on substances that deplete the ozone layer. Ireland was notified in October 2003 that this case was being referred to the European Court of Justice and a defence is being prepared.
The seventh case relates to the €20 fee for the making of a submission on a planning application which requires an environmental impact assessment, EIA. In January 2003, the European Commission issued a reasoned opinion to the effect that the fee is contrary to the public participation provisions of Directive 85/337/EEC on EIA. On 22 July 2003, the Commission issued a press release in which it stated its intention to refer this case to the European Court of Justice. No official communication has been received from the Commission to date.
In addition, a court judgment has been received in respect of the protection of designated shellfish in waters, in accordance with Article 5 of Council Directive 79/923/EEC. Any necessary follow-up in regard to action programmes made by the Minister for Communications, Marine and Natural Resources and notified to the Commission are a matter for the relevant Department.
